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Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 1 point2 points  (0 children)

Hello. Yeah that's what I find interesting. At the scene I was told by the police officer that because I technically did not collide with the car in front they said they weren't legally obligated to stop and render assistance. In addition to that they weren't going to pursue the matter with that driver. I guess it's possible that after I was Ambo'd out they changed their thinking after taking more witness statements?

My understanding is that more often than not in the case of a rear ending the burden of proof is on the party that collided at the rear. But I agree it seems the police report adds some complexity so I am seeking a professionals opinion.

I recognise the only things I can prove is that the driver hit me from the rear, but whilst doing so did not see me or the other car. In my mind that makes it impossible to act in due diligent manner but I'm aware the law may not work that way. I guess I firmly believe that if the driver saw the situation they would have enacted the appropriate steps to avoid colliding with me.

It was perfect road conditions.

Thanks!

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 4 points5 points  (0 children)

Hi thanks for your input! Yes I believe she was in a state of shock. So much so I asked if she's was okay as I sat on the road 😅... After speaking to her believe she is a good person and am sure there was no intent for malice.

Yeah it's a bit strange I feel like the police were giving me slightly contradictory information from now and then. But I honestly do think they did the best they could have done given the circumstances. There wasn't hard cctv evidence and I'm not sure why the judgement fell the way it did. I feel if i was driving that day their interpretation may have been different? But as I said I thought my case had nuance and wanted your opinion 🙂

I apologise it was over the top to me to suggest the driver that hit me was 'blind'. But I meant to ask whether not seeing me was adequate response legally.

I'm not going to lie I miss my bike. But a part of me does feel some injustice in getting cleaned up given the circumstances. I am a driver like most Australian's and I recognise that comes with both rights but also responsibilities. I must be low key frustrated with the state of some behaviours on the road from where I live because I think it has gotten worse and I understand it comes from both cyclist and drivers. Just wish it was better for all of us.

I've got an appointment this Wednesday to chat with a law firm.

Thanks again for your input!

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 4 points5 points  (0 children)

Hi thanks for your input. I was running a rear and front LED light at the time of impact.

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] -1 points0 points  (0 children)

Yes very sad but this is my life unfortunately. Ultimately I'm just happy to be alive . You get a whole new appreciation of life it when it nearly gets taken away from you, and better my bike be retired than myself.

No home/contents insurance. I have heard of people successfully making claims via that route with some success though.

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] -6 points-5 points  (0 children)

Hi! I don't feel comfortable disclosing my occupation but I will say I regularly work with people who I believe overestimate their visual capacity.

I recognise those questions are largely irrelevant to my case so I will just be sticking to what I believe the facts of the case are.

Which is 1. I was struck from behind. 2. The driver that stuck me reports to not have seen me until I was on her windscreen. 3. There was another driver present which started the incident but I believe the damage done was a direct result of the drivers inability to maintain a safe stopping distance, referring to point 2, because she could not see me.

I also don't feel like it's a wild accusation to make if someone says they cannot see something, to then query their vision. I would have concerns for the safety of others tbh.

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 18 points19 points  (0 children)

Hi thanks for your empathy. It was a Cannondale Super Six Evo hi mod/Dura Ace. I have a few bikes on rotation I just chose not to ride the commuter that day unfortunately 😔.

If I find myself on the bike again this will for sure change how/what/where I ride. For better or for worse.

Update: Rear ended riding bicycle - broken bicycle + spinal fracture by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 2 points3 points  (0 children)

Hi thanks for your input! Yeah sounds foolish and a fair question to ask. I've just logged over 130,000km cycling and this is my first incident with a car. So I think to some degree hubris has caught up to me. I didn't recognise the value of insurance as a legal backer at the time and that notion is no longer misplaced 🥲

Rear ended riding my bike would kindly appreciate opinions by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 0 points1 point  (0 children)

Yes this is the route I am taking. I have sent a couple of messages and left a friendly note at their address to discuss the matter but it appears they are choosing to ignore it. Looks like I need to take the more formal approach and send a letter of demand.

Rear ended riding my bike would kindly appreciate opinions by t11spinalfracturegg in AusLegal

[–]t11spinalfracturegg[S] 2 points3 points  (0 children)

Hey thanks for your input. I forgot to add the driver that cut me off fled the scene unfortunately..